Habibur Rahaman Gazi v. State Of West Bengal And ORS.

Sl. No.69 03.10.2024 Suman Ct. 15 WPA 8242 of 2024 Habibur Rahaman Gazi Vs.

The State of West Bengal and Ors.

Mr. L. N. Bhattacharya Mr. Md. Hasanuz Zaman ..for the petitioner Mr. Amal Kumar Sen Mr. Lal Mohan Basu ..for the State The petitioner asserts ownership of plots No. 1698/3566 and 1698/3567, Khatian No. 290, J.L. No. 074, located in 24 Parganas (South). The petitioner alleges that Basanti Gram Panchayat Samity is constructing a public toilet on the aforementioned land without undergoing any acquisition process.

The petitioner states that he has submitted a representation to the Sub-Divisional Officer, Canning, regarding this unauthorized construction; however, no action has been taken by the Sub-Divisional Officer to address the matter. To support his claim, the petitioner has annexed the relevant record of rights at page 14 of the writ petition.

I find no justification to keep this writ petition pending. Therefore, this writ petition is disposed of with a directive to the Sub-Divisional Officer, Canning, 24

Parganas (South), to consider the representation dated March 4, 2024, at page 17 of the writ petition, within two months from the date of communication of this order.

The Sub-Divisional Officer shall provide the petitioner with an opportunity for a hearing and shall issue a reasoned order, which must be communicated to the petitioner.

Pending the issuance of a reasoned order by the Sub-Divisional Officer, Canning, no further construction work on the relevant plots will be undertaken by Basanti Gram Panchayat Samity.

Accordingly, WPA 8242 of 2024 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings.

(Kausik Chanda, J.)